EEA nationals: retained and 'derivative' rights of residence for family members
Produced in partnership with Sandra Akinbolu of Lamb Building Chambers
EEA nationals: retained and 'derivative' rights of residence for family members

The following Immigration practice note produced in partnership with Sandra Akinbolu of Lamb Building Chambers provides comprehensive and up to date legal information covering:

  • EEA nationals: retained and 'derivative' rights of residence for family members
  • Introduction
  • Important note on implications of Brexit
  • Retained rights of residence
  • Derivative rights of residence
  • Qualified persons resident in the UK for at least one year prior to death—retained rights
  • Direct descendant is in education and qualified person has died, departed or ceased being a qualified person
  • Retained rights
  • Derivative rights
  • Termination of marriage or civil partnership—retained rights
  • More...

EEA nationals: retained and 'derivative' rights of residence for family members

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

Introduction

Important note on implications of Brexit

This Practice Note looks at the conditions for obtaining retained and derived rights of residence under EU free movement law, as implemented in the UK until the end of the Brexit transition period (31 December 2020) by the Immigration (European Economic Area) Regulations 2016 (EEA Regs 2016), SI 2016/1052.

All EEA nationals (other than Irish nationals) and non-EEA nationals relying on EU residence rights will need to have applied for pre-settled or settled status under the EU Settlement Scheme (the Scheme) by the end of June 2021, unless they are also a British citizen. Unlike is the position for ‘durable partners’ and ‘other family members’ (extended family members), non-EEA nationals relying on retained and derivative rights of residence can apply directly to the Scheme without requiring first

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